BILL NUMBER: AB 1897	CHAPTERED  09/30/00

	CHAPTER   956
	FILED WITH SECRETARY OF STATE   SEPTEMBER 30, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 22, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   MAY 16, 2000
	AMENDED IN ASSEMBLY   MAY 2, 2000

INTRODUCED BY   Assembly Member Davis

                        FEBRUARY 11, 2000

   An act to amend Section 530.5 of, and to add Section 530.6 to, the
Penal Code, relating to identity theft.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1897, Davis.  Identity theft:  remedies.
   Existing law provides that every person who willfully obtains
personal identifying information about another person without that
person's consent, and uses that information for any unlawful purpose,
including to obtain or attempt to obtain credit, goods, services, or
medical information in the name of that person, is guilty of a crime
punishable by imprisonment in a county jail not to exceed one year,
a fine not to exceed $1,000, or both, or by imprisonment in the state
prison, a fine not to exceed $10,000, or both.  Existing law also
provides when a person is convicted of using that information to
commit a separate crime, that court record shall reflect that the
person whose identity was falsely used to commit the crime did not
commit the crime.  Existing law also provides that if a consumer
submits to a credit reporting agency a copy of a valid police report
pursuant to these provisions, the consumer credit reporting agency
shall promptly and permanently block reporting any information that
the consumer alleges appears on his or her credit report as a result
of that violation so that the information cannot be reported.
Existing regulations of the Department of Motor Vehicles also provide
that a person may apply for a new driver's license or identification
card number in the event of fraudulent use by another, upon
submission of a police report and specified supporting information.
   This bill would provide that a person who has learned or
reasonably suspects that his or her personal identifying information
has been used by another to commit a crime, may initiate a law
enforcement investigation by contacting the local law enforcement
agency with jurisdiction over his or her actual residence, which
shall take a police report of the matter, provide the complainant
with a copy of that report, and either begin an investigation of the
facts or, if the suspected crime was committed in a different
jurisdiction, refer the matter to the law enforcement agency where
the crime or suspected crime was committed for an investigation of
the facts.  This bill would also provide that a person who reasonably
believes that he or she is the victim of identity theft may petition
a court for an expedited judicial determination of his or her
factual innocence order certifying that he or she is a victim of
identity theft, where the perpetrator of the identity theft was
arrested for or convicted of a crime under the victim's identity, or
where the victim's identity has been mistakenly associated with a
record of criminal conviction.  The bill would specify the sort of
information to be used in making this determination, would direct the
court to issue an order certifying that the petitioner is factually
innocent where  it finds that the petition is meritorious and there
is no reason to believe the petitioner committed the offense.  The
bill would direct the Judicial Council to develop a form for use in
connection with these proceedings, and would authorize courts to
vacate determinations of factual innocence if a petition or
supporting information is found to contain any material
misrepresentation or fraud.
   The bill would impose a state-mandated local program by requiring
a higher level of service from local law enforcement.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 530.5 of the Penal Code is amended to read:
   530.5.  (a) Every person who willfully obtains personal
identifying information, as defined in subdivision (b), of another
person without the authorization of that person, and uses that
information for any unlawful purpose, including to obtain, or attempt
to obtain, credit, goods, services, or medical information in the
name of the other person without the consent of that person, is
guilty of a public offense, and upon conviction therefor, shall be
punished either by imprisonment in a county jail not to exceed one
year, a fine not to exceed one thousand dollars ($1,000), or both
that imprisonment and fine, or by imprisonment in the state prison, a
fine not to exceed ten thousand dollars ($10,000), or both that
imprisonment and fine.
   (b) "Personal identifying information," as used in this section,
means the name, address, telephone number, driver's license number,
social security number, place of employment, employee identification
number, mother's maiden name, demand deposit account number, savings
account number, or credit card number of an individual person.
   (c) In any case in which a person willfully obtains personal
identifying information of another person without the authorization
of that person, and uses that information to commit a crime in
addition to a violation of subdivision (a), and is convicted of that
crime, the court records shall reflect that the person whose identity
was falsely used to commit the crime did not commit the crime.
  SEC. 2.  Section 530.6 is added to the Penal Code, to read:
   530.6.  (a) A person who has learned or reasonably suspects that
his or her personal identifying information has been unlawfully used
by another, as described in subdivision (a) of Section 530.5, may
initiate a law enforcement investigation by contacting the local law
enforcement agency that has jurisdiction over his or her actual
residence, which shall take a police report of the matter, provide
the complainant with a copy of that report, and begin an
investigation of the facts or, if the suspected crime was committed
in a different jurisdiction, refer the matter to the law enforcement
agency where the suspected crime was committed for an investigation
of the facts.
   (b) A person who reasonably believes that he or she is the victim
of identity theft may petition a court for an expedited judicial
determination of his or her factual innocence, where the perpetrator
of the identity theft was arrested for or convicted of a crime under
the victim's identity, or where the victim's identity has been
mistakenly associated with a record of criminal conviction.  Any
judicial determination of factual innocence made pursuant to this
section may be heard and determined upon declarations, affidavits,
police reports, or other material, relevant, and reliable information
submitted by the parties.  Where the court determines that the
petition is meritorious and that there is no reasonable cause to
believe that the petitioner committed the offense for which the
perpetrator of the identity theft was arrested or convicted, the
court shall find the petitioner factually innocent of that offense.
If the petitioner is found factually innocent, the court shall issue
an order certifying this determination.  The Judicial Council of
California shall develop a form for use in issuing an order pursuant
to these provisions.  A court issuing a determination of factual
innocence pursuant to this section may at any time vacate that
determination if the petition, or any information submitted in
support of the petition, is found to contain any material
misrepresentation or fraud.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
